Challenge and Disqualification of Arbitrators in International Arbitration: Grounds, Procedures and Standards
摘要
International arbitration is today a foundation for the settlement of cross-border commercial disputes due to its effectiveness, neutrality and flexibility (Born 2014). However, the real legitimacy of this process depends on the neutrality and independence of arbitrators. This essay explores the legal grounds for challenging and disqualifying arbitrators, and primarily covers the grounds, procedure, and standards in international arbitration. Finally, this paper will outline the main reasons for disqualification of arbitrators, such as unfairness, conflicts of interest, non-disclosure, and incompetence, and will compare the procedures adopted by the international arbitration institutions such as the ICC, UNCITRAL, and LCIA, by determining the equilibrium between ensuring impartiality and ensuring procedural efficiency. Most of the literature talks about Bahrain's arbitration laws and practices in the Bahrain Chamber for Dispute Resolution (BCDR). It emphasizes the importance of definite standards and transparent practices for evenhandedness and efficiency.